How the Injury Lawsuit Process Works

If you've been injured in an accident and want to get compensation for medical expenses or lost income, you can bring a lawsuit. However many people aren't sure about how the process operates.

In this blog post, we'll review five legal milestones that each personal injury claim has to go through.

Time to File

Every state has a statute of limitations that sets the amount of time after an accident that you must file a lawsuit. If you do not file your claim within this window, it will almost always be dismissed.

Once a case is filed the parties begin a process called discovery. This involves exchanging information such as documents, witness testimony and depositions. Depending on the nature of your case, this can take months.

At this point, a reputable lawyer will submit an agreement demand. Your attorney can only make this demand once you have achieved the maximum level of medical improvement.

You may also be required to adhere to additional time limitations if injured by a government entity the government or by a physician who is employed by the government. These are sometimes called "discovery rules" or equitable tolling and are specific to each particular situation. Your lawyer can provide more details. These cases usually settle faster than other types of cases.

Statute of Limitations

If you want to increase your chances of obtaining fair compensation, it is important to file an injury lawyers lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many kinds of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims.

In most states the statute of limitations "clock" begins to tick on the day that you were injured. There are some exceptions to the rule that can stop it in certain circumstances. The discovery rule, for example, allows you to submit your case as quickly as you discover (or would have discovered if you had taken reasonable care) the injury.

The statute of limitation can be reduced or even tolled in certain situations like when the plaintiff is younger or has a mental disability. You should consult with an experienced injury lawyer to determine the particular limitation period that applies to your particular case. If you attempt to file a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This could have devastating implications on the victim as well as their family.

Damages

If a person is awarded an injury lawsuit is entitled to damages. They may include compensation to cover medical expenses as well as lost wages and other accident-related costs. Other types of damages are awarded to a person who suffers from emotional distress or lost satisfaction because of an accident.

The jury will decide the amount of damages in accordance with the evidence presented in court. Your attorney will argue that the defendant did not behave with the level of care that reasonable people would have used in the same circumstance that led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working, or forces you to take a vacation or sick leave, are easy to determine. General damages are also known as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, like a multiplier of 1.5 to 5. General damages are generally more severe for injuries that are serious than for minor injury lawyer or short-term injuries.

Mediation

Mediation is not required in every case of injury. However, it can be used as a way to resolve a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, called a mediator.

The mediator will ask you questions to determine what you expect and how much money you'd like. The mediator will then discuss the matter with both sides on their own. After that, you'll exchange counteroffers and offers to arrive at a settlement.

Both the party responsible for the negligence and the victim of injury would like to go to trial, so the goal is to settle in mediation. This is a crucial step in avoiding the long and stressful litigation process. Even the most complex injury cases are settled via mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today to schedule a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your lawyer may decide to proceed to trial if your case is not resolved outside of court. This will be based on your specific circumstances and the strength of your evidence and the insurance company that insured the defendant's offer.

Your attorney will present what is known as your case before a jury of peers during the trial. The jury will decide if the defendant was negligent, and if they were what amount of compensation is due to cover your financial losses, injuries and other expenses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant was responsible for your injuries and that you deserve financial damages to cover those expenses and losses. The defense will use evidence to defend itself against your allegations, and prevent them from having to pay any amount. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be announced by a judge or a jury during a bench trial. It will determine if the defendant was negligent or not, and if so and the verdict is a financial one, how much will you be awarded.